Oliver v. Caltrider

Full title: Vincent Oliver Plaintiff (Relator) v. Franklin R. Caltrider, as Deputy…

Court: Court of Appeals of Ohio, Sixth District, Lucas County

Date published: Jun 6, 2001

Court of Appeals No. L-01-1287 (Ohio Ct. App. Jun. 6, 2001)

Opinion

Court of Appeals No. L-01-1287

Decided June 6, 2001.

Jeffrey T. Lowden, for relator.

DECISION AND JUDGMENT ENTRY

PIETRYKOWSKI, P.J.

This matter is before the court on the petition of relator Vincent Oliver requesting that this court issue a writ of mandamus, pursuant to R.C. Chapter 2731, ordering respondent, Franklin R. Caltrider, as Deputy Registrar, Ohio Bureau of Motor Vehicles, to correct relator's driving record.

6th Dist.Loc.App.R. 6 provides that, in an original action, the relator shall "file a praecipe directing the clerk of the court of appeals to serve a copy of the complaint on each other party at the addresses listed in the praecipe." The record before us reveals that relator did not file a praecipe along with his petition and, consequently, the respondent has not been served with the petition. For this reason, we dismiss relator's petition for a writ of mandamus. This cause is dismissed at relator's costs.

___________________________ PIETRYKOWSKI, P.J., Judge

Peter M. Handwork, J, James R. Sherck, J, CONCUR.